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s 28

Appointment of adjudicator in absence of agreed appointment

In force

28 Appointment of adjudicator in absence of agreed appointment

(1)

If an application for adjudication is served on a prescribed appointor the appointor, within 5 business days after being served, must —

(a)

appoint a registered adjudicator to adjudicate the payment dispute concerned; and

(b)

send the application and any response received by it to the adjudicator; and

(c)

notify the parties in writing accordingly; and

(d)

notify the Building Commissioner in writing accordingly.

(2)

If a prescribed appointor does not make an appointment under subsection (1) the Building Commissioner may appoint a registered adjudicator to adjudicate the payment dispute concerned.

(3)

If the Building Commissioner makes an appointment under subsection (2), the Building Commissioner must —

(a)

notify the prescribed appointor in writing accordingly and require the appointor to serve the application and any response received by it on the adjudicator appointed by the Building Commissioner; and

(b)

notify the parties in writing accordingly.

[Section 28 amended: No. 16 of 2011 s. 128(6); No. 55 of 2016 s. 10.]

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Section 28 — Appointment of adjudicator in absence of agreed appointment — Construction Contracts (Former Provisions) Act 2004 (Western Australia) — Barrister AI